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JAMES DEPIETRO v. DEPARTMENT OF PUBLIC SAFETY (AC 31484)
Gruendel, Beach and Dupont, Js. Argued October 12, 2010--officially released February 8, 2011

(Appeal from Superior Court, judicial district of Hartford, Hon. Richard M. Rittenband, judge trial referee.) A. Paul Spinella, for the appellant (plaintiff). Ronald D. Williams, Jr., for the appellee (defendant).

Opinion

GRUENDEL, J. The plaintiff, James DePietro, appeals from the judgment of the trial court dismissing his action to recover monetary damages from the defendant, the department of public safety, for lack of subject matter jurisdiction. He claims that the court improperly concluded that the doctrine of sovereign immunity barred the action. We affirm the judgment of the trial court. When reviewing a motion to dismiss, ``we take the facts to be those alleged in the complaint, including those facts necessarily implied from the allegations, construing them in a manner most favorable to the pleader.'' (Internal quotation marks omitted.) Prigge v. Ragaglia, 265 Conn. 338, 340, 828 A.2d 542 (2003). At all relevant times, the plaintiff was an officer with the Bridgeport police department assigned to the statewide firearms trafficking task force. As such, he acted as a special state police officer pursuant to General Statutes

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Connecticut Law